Category Archives: IP Litigation

Nirvana Stuck in Lawsuit Over “Nevermind” Album Cover



Nirvana Stuck in Lawsuit Over Nevermind Album CoverAs James Kachmar previously wrote on the IP Law Blog, the man who was photographed as a naked baby in 1991 for Nirvana’s iconic “Nevermind” album cover is now suing the band for distributing child pornography. Scott Hervey and James discuss the Ninth Circuit’s opinion on the case in this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update



In the case of Martinez v. Zoom Info Technologies, the Ninth Circuit addressed the “Public Interest” exemption to California’s anti-SLAPP law. Scott Hervey and James Kachmar talk about this case on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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Are LEGO Creations Based on Religious Texts Eligible for Copyright Protection?



The creator of a LEGO brick Second Holy Temple product is accusing another LEGO creator of copyright infringement for their interpretation of the same temple. Scott Hervey and Eric Caligiuri discuss this case on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here or read Eric’s article about this case here.

Continue reading Are LEGO Creations Based on Religious Texts Eligible for Copyright Protection?


SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional



The Supreme Court recently heard oral arguments in the case of Vidal v. Elster to determine whether the USPTO’s refusal to register the trademark “Trump Too Small” violates the applicant’s First Amendment rights. Scott Hervey and Eric Caligiuri discuss this case on this installment of The Briefing. 

Watch this episode on the Weintraub YouTube channel here.

Continue reading SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional


Is Linda Fairstein’s Portrayal in Netflix’s “When They See Us” Fair?



Former New York prosecutor Linda Fairstein is suing Netflix over her portrayal in the limited series “When They See Us,” which tells the story of the 1989 Central Park Five case. Scott Hervey and Tara Sattler discuss this dispute on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

Continue reading Is Linda Fairstein’s Portrayal in Netflix’s “When They See Us” Fair?


Failure to Disclose Relationship with Real Party in Interest Results in Serious Sanctions



Failure to disclose certain relationships with a third party may result in significant consequences from the court. Scott Hervey and Eric Caligiuri talk about this on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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Is Warhol Bad for Documentarians?



There is some concern that the Supreme Court’s decision in Andy Warhol Foundation v. Goldsmith will harm the documentary filmmaking community. Scott Hervey and Tara Sattler discuss the implications of this case on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

Continue reading Is Warhol Bad for Documentarians?


The Supreme Court Limits the Reach of The Lanham Act



The U.S. Supreme Court recently decided that trademark infringement claims under the Lanham Act only apply if the infringing “use in commerce” occurs in the United States. Scott Hervey and Tara Sattler talk about this case on this installment of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

Continue reading The Supreme Court Limits the Reach of The Lanham Act


No Beating Around the Bush: TTAB Upholds Anti-Pot Policy



The Trademark Trial and Appeals Board denied an application to register a trademark for essential oil dispensers meant to fill smoking devices with cannabis-based oils. Scott Hervey and Tara Sattler talk about this case on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

Continue reading No Beating Around the Bush: TTAB Upholds Anti-Pot Policy